Measures of Chongqing Municipality on Property Management

Chapter I General Provisions Article 1 In order to standardize the use, maintenance and management of property services, safeguard the legitimate rights and interests of owners, users and property management enterprises, and create and maintain a clean, safe and comfortable living environment, these measures are formulated in accordance with the relevant provisions of national laws and regulations and in light of the actual situation in Chongqing. Article 2 These Measures shall apply to the property management within the administrative area of this Municipality. Article 3 The term "property" as mentioned in these Measures mainly refers to houses and related public facilities.

The term "owner" as mentioned in these Measures refers to the owner of the property.

The term "user" as mentioned in these Measures refers to the lessee of the property and other people who actually use the property.

The term "property management enterprise" as mentioned in these Measures refers to the enterprise entrusted by the owners or owners' committee to provide professional management services according to the property management service contract. Article 4 Property management shall follow the principle of combining self-management by owners with professional management services entrusted by property management enterprises. Fifth city real estate administrative departments in charge of the city's property management, responsible for organizing the implementation of these measures. The real estate administrative departments of counties (autonomous counties and cities) shall manage and supervise the property management in their respective jurisdictions in accordance with the provisions of these Measures.

The relevant administrative departments of construction, planning, municipal administration, public utilities, gardens, transportation, public security, prices, posts and telecommunications, gas supply, water supply and electric power shall, according to their respective responsibilities, coordinate the implementation of these measures. Sixth city real estate administrative departments are mainly responsible for property management:

(a) to implement the laws, regulations, rules and policies of the state and this Municipality on property management;

(two) responsible for the qualification examination of property management enterprises;

(three) responsible for the induction training of property management personnel;

(four) the development of property management contracts, conventions and other model texts;

(five) to supervise and guide the property management activities;

(six) to participate in the formulation of property management fees;

(seven) to impose penalties on acts in violation of these measures.

The real estate administrative departments of counties (autonomous counties and cities) shall perform the following duties in addition to the duties in Items (1), (5), (6) and (7) of the first paragraph of this article:

(a) to guide the establishment of the owners' committee and implement registration management;

(two) for the record management of the signing, suspension and termination of the use convention, the owners' convention and the property management contract;

(three) to accept complaints about violations of these measures. Chapter II Management Organization and Responsibilities Article 7 An owners' committee shall be established in the area where property management is implemented.

The owners' committee is elected by the owners' congress or the owners' congress, and the members of the owners' committee are held by the owners. The term of office of the owners' committee is 2 to 3 years, and it can be re-elected.

The owners' committee shall register with the local real estate administrative departments of counties (autonomous counties and cities) within 0/5 days from the date of election. Article 8 The owners' committee shall safeguard the legitimate rights and interests of all owners and perform the following duties:

(a) to convene the owners' congress or the owners' congress and report the implementation of property management;

(two) to conclude, modify or terminate the property management service contract with the property management enterprise;

(three) to consider the annual management plan and major measures for property management services formulated by the property management enterprise;

(four) listen to the opinions and suggestions of the owners and users, and supervise the implementation of various rules and regulations of property management;

(five) to coordinate the relationship between property owners, users and property management enterprises. Ninth the establishment of property management enterprises, in addition to the provisions of relevant laws and regulations, should also have the management institutions and professionals required for property management. Among them, there are not less than 3 people with intermediate or above titles in economic engineering, civil engineering and hydropower engineering, and not less than 3 people with property management training certificates.

Property management enterprises shall, in accordance with the provisions, apply to the real estate administrative department of the city or county (autonomous county or city) where they are registered for the property management qualification certificate.

Foreign property management enterprises engaged in property management services in this city shall apply for the qualification certificate of property management in this city and handle the industrial and commercial registration before they can engage in property management. Tenth property management companies should strictly fulfill the property management service contract, and accept the supervision of the owners' committee, owners, users, real estate administrative departments and relevant administrative departments. Chapter III Ways and Contents of Management Services Article 11 The owners or owners' committee shall entrust a property management enterprise to manage the property.

Buildings, structures or ancillary facilities jointly owned or used by several owners shall be entrusted to the same property management enterprise for management. Twelfth property management companies entrusted to engage in property management services, should sign a property management service contract with the owners or owners' committee.

The property management service contract shall include the following main contents:

(a) the name and domicile of the owners' committee and the property management enterprise;

(two) the scope and management projects of the property management area;

(3) Property management services;

(four) the requirements and standards of property management services;

(5) Property management service fees;

(six) the duration of property management services;

(7) Liability for breach of contract;

(8) Agreement on the termination and rescission of the contract;

(9) Other matters agreed by both parties;

The term of the property management service contract is 2 to 3 years. The property management enterprise shall, within 05 days from the effective date of the property management service contract, report the property management service contract to the real estate administrative department of the county (autonomous county or city) where the property is located for the record.